Creditors’ ability to threaten derivative litigation gives them some additional leverage in negotiations. But, creditor standing should not been seen as an expansion of the duties that directors and officers already owe to the corporation.

The District of Delaware recently confronted the impact of Daimler on ANDA litigation in AstraZeneca AB v. Mylan Pharmaceuticals, the rare ANDA case in which jurisdiction was found solely on the basis of specific jurisdiction.

Delaware’s Court of Chancery is the world’s foremost forum for resolving corporate governance disputes, but a lesser known fact is that the court is also extremely adept at handling important trade secret misappropriation cases.